State v. Romano

Citations

• 41 Wash. 241
• 83 P. 1
• 1905 Wash. LEXIS 1097

Syllabus

<p>Criminal Law — Assault with Intent to Murder — Presumptions — Instructions. Upon a prosecution for assault with intent to murder under an information charging, also, assault with a deadly weapon with intent to do bodily harm no considerable provocation appearing therefor, it is proper in speaking of the latter intent, to instruct the jury that every sane person is presumed to intend the natural consequences of his voluntary act, although death did not ensue; since the same must be held to apply to the lesser offense only.</p> <p>Same — Charge of Assault with Razor — Evidence of Shooting— Admissibility. Under an information charging an assault with intent to murder with a deadly weapon, viz., a razor, it is proper to receive in evidence a shotgun with an empty shell found in the room of the accused, where it appears that the prosecuting witness was attacked by an unknown person who cut his throat and shot him in the back with a shotgun, the shot corresponding in size with those that had been contained in the empty shell.</p> <p>Same — Evidence of Identity — Sufficiency. There is sufficient evidence of identity to sustain a conviction of assault with intent to do bodily harm, whete it appears that the victim was cut and shot by an unidentified person, that the accused admitted to two persons that he made the assault, and a shotgun with an empty shell, that had contained shot of the same size used in the attack, was found in the room of the accused after his arrest.</p>